Ministry of Defence (Central government) [2022] UKICO ic-88320 (15 March 2022)
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Ministry of Defence
The complainant requested information relating to Intellectual Property between the Ministry of Defence (the ‘MOD’), the Atomic Weapons Establishment and the United States. He asked for information where he was named on a patent or ‘form 32’ as an inventor. The MOD initially provided some of the requested information, withheld some of it under section 42, the exemption for legal professional privilege and said it did not hold the remainder. At the internal review stage the MOD revised its position. It now refused to confirm or deny whether the requested information was held, citing section 40(5), the ‘neither confirm nor deny’ provision for personal information. It said that some of the information, if held, would be the personal data of the complainant and the remainder the personal data of third parties. The Commissioner’s decision is that the MOD was entitled to neither confirm nor deny holding information within the scope of the request by virtue of sections 40(5A) of FOIA. As this covers the whole wording of the request the Commissioner has not found it necessary to consider any third party personal data concerns. The Commissioner does not require the MOD to take any steps as a result of this notice.
FOI 40:
Complaint not upheld
Decision notice: ic-88320
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URL: http://www.bailii.org/uk/cases/UKICO/2022/ic-88320.html
